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Committee backs judiciary’s 'material difference' test to make Hawaiian statutory text controlling in some cases
Summary
Lawmakers advanced HB 2,433 with an amendment adopting the judiciary’s proposed 'material difference' standard: where English and Hawaiian versions materially differ, priority should go to the text that best reflects legislative intent. The AG warned of potential uncertainty under the bill as drafted.
The House Judiciary and Hawaiian Affairs Committee moved forward HB 2,433, a bill that would allow the Hawaiian version of a law to be controlling in certain circumstances. The judiciary recommended replacing an automatic language‑origin rule with a standard that privileges the text that best reflects legislative intent when there is a material difference.
Johanna Choppedam of the…
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